Malkiat Singh Alias Kaku And Ors vs State Of Punjab on 22 August, 2017

204 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. M- No. 14341 of 2017 (OM)
Date of decision : August 22, 2017

Malkiat Singh and others …..Petitioners

Versus

State of Punjab ….Respondent

Criminal Misc. M- No.12732 of 2017 (OM)

Inderjit Singh and another …..Petitioners

Versus
State of Punjab ….Respondent

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Ashish Aggarwal, Advocate
for the petitioners. (CRM-M No. 14341 of 2017)

Ms. Kaavya Jariyal, Advocate for
Mr. B.S. Jaswal, Advocate
for the petitioners. CRM-M No. 12732 of 2017

Mr. Devinder Bir Singh, DAG, Punjab.

***

LISA GILL, J.

This order shall dispose of two petitions i.e. CRM-M Nos.

14341 and 12732 of 2017.

The petitioners in CRM-M No. 14341 of 2017 seek the

concession of anticipatory bail in FIR No. 38 dated 09.02.2017 under

Sections 323, 325, 354, 34 IPC registered at Police Station Chheharta,

District Amritsar city.

The petitioners in CRM-M No. 12732 of 2017 seek the

concession of anticipatory bail in the cross case arising out of the above

said FIR i.e. Diary No. 064 dated 09.02.2017 under Sections 324, 326, 354,

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34 IPC at registered at Police Station Chheharta, District Amritsar city.

While issuing notice of motion in CRM-M No. 14341 of 2017,

the contentions on behalf of the petitioners therein were noted as under:-

” Counsel for the petitioners would contend that the
present is a case of version and cross-version with regard to an
occurrence that took place on 24.01.2017 as there is land
dispute between the parties. The cross-version (Annexure P2)
was recorded by Rajbir Kaur wife of the petitioner – Angrej
Singh and as per the cross-version, Harmanjit Singh –
petitioner No.3 was given Kirpan blow on his little finger of
left hand and left side of head by Gurjinder Singh. Injury on
left side of head of Harmanjit Singh has been declared as
grievous constituting offence under Section 326 IPC. It is
further submitted that all other offences in the instant FIR
except offence under Section 354 IPC are bailable. The
petitioners are ready to face the proceedings, in accordance
with law.”

Petitioner No. 1 – Malkiat Singh alias Kaku, petitioner No. 3

Harmanjit Singh and petitioner No. 4 – Bagga alias Sukhwinder Singh were

afforded interim relief, which was, however, denied to petitioner No. 2.

While issuing notice of motion in CRM-M No. 12732 of 2017,

the contentions on behalf of the petitioners were noted as under:-

” Counsel for the petitioners would urge that though the
present is a case of version and cross-version and is between
families of two brothers but the parties could not settle the
matter as there is land dispute between them. It is further
submitted that the accused in FIR No.38 dated 09.02.2017
under Sections 323, 325, 354 read with Section 34 of the Indian
Penal Code (in short ‘IPC’), registered at Police Station
Chheharta District Amritsar have filed a petition before this
Court seeking bail in anticipation of arrest and all the accused

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except Angrej Singh have been allowed interim bail vide order
dated 27.04.2017 passed in CRM-M No.14341 of 2017. It is
further submitted that in the cross-version recorded vide Diary
No.64 dated 09.02.2017, grievous injury sustained by
Harmanjit Singh on his head has been attributed to the non-
applicant Gurjinder Singh. Petitioner No.2 Kulwant Kaur has
not been attributed any injury to the other side at whose behest
the aforesaid cross-version has been lodged.”

Interim relief was afforded to petitioner No. 2 – Kulwant Kaur

but, however, denied to petitioner No. 1 – Inderjit Singh.

Learned counsel for the State, on instructions from ASI

Sarwan Singh, informs that petitioners in both the cases have joined

investigation and their custodial interrogation is not required.

There are no allegations on behalf of the State that the said

petitioners are likely to abscond or that they are likely to dissuade the

witnesses from deposing true facts in the Court, if released on bail.

Petitioner – Inderjit Singh is informed to have been arrested in

the meanwhile. CRM-M No. 12732 of 2017 is, thus, dismissed having been

rendered infructuous qua petitioner No. 1 – Inderjit Singh. The petition

survives qua petitioner No. 2 therein i.e. Kulwant Kaur.

I find no ground for granting the discretionary relief for

anticipatory bail to petitioner No. 2 – Angrej Singh in CRM-M No.14341

of 2017. Said petition is dismissed qua petitioner No. 2 therein.

Keeping in view the facts and circumstances noted above but

without expressing any opinion on the merits of case, it is considered just

and expedient to allow these petitions in respect to the petitioners as

detailed in foregoing paras.

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Consequently, order dated 27.04.2017 qua petitioners No. 1, 3

and 4 in CRM-M No. 14341 of 2017 and order dated 08.05.2017 qua

petitioner No. 2 in CRM-M No. 12732 of 2017 is made absolute.

CRM-M No. 14341 of 2017 is dismissed qua Angrej Singh –

petitioner No. 2 therein.

(Lisa Gill)
August 22, 2017 Judge
rts
Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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